Custody of Child -- Mother Is Natural Guardian of Girl Child Below Five Years -- Fraudulently Obtained Separation Deed Cannot Establish Consensual Transfer of Custody
Under the proviso to Section 6(a) of the Hindu Minority and Guardianship Act, 1956, the mother is the natural guardian of a girl child below five years of age. A disputed separation deed, obtained allegedly by fraud and bearing prima facie discrepancies suggesting alteration, cannot establish consensual transfer of custody. Absence of proof of the mother's consent to relinquish custody renders the father's retention of the child unlawful.
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